IN THE CASE OF:	

		BOARD DATE:	  10 December 2009

		DOCKET NUMBER:  AR20090008882 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, an adjustment to his promotion effective date and date of rank for captain from 19 August 2008 to 2 July 2008.  

2.  The applicant states that he was transferred to the U.S. Army Civil Affairs and Psychological Operations Command (USACAPOC) on 2 July 2008, in accordance with Order Number 08-155-00078, because he was on the February promotion list and the unit to which he was assigned did not have any vacant captain positions.  He also states that he was transferred to a captain position in USACAPOC on 2 July 2008, but the adjutant said that every time he was slotted in the captain position he kept falling out.  He also states the problem was fixed and he was slotted, on 19 August 2008, but his DOR to captain should be 2 July 2008, the date he was assigned to the unit.  He concludes by stating he contacted the adjutant when he received his orders but did not get a response until 18 March 2009.

3.  The applicant provided a copy of Orders Number 08-155-00078; a copy of Orders Number B-09-80569; and an email dated 6 May 2009 from Headquarters and Headquarters Company, USACAPOC in support of his application.

CONSIDERATION OF EVIDENCE:

1.  After having had prior enlisted service, the applicant’s military records show he was appointed as a second lieutenant in U.S. Army Reserve (USAR) on         6 January 2003.  He was promoted to first lieutenant effective 13 April 2005.  

2.  The applicant was considered and selected for promotion to captain by the fiscal year (FY) 2008 Captains Reserve Components Promotion Selection Board that convened on 6 November 2007.  The board results were released on 26 February 2008.

3.  Orders Number 08-155-00078, Headquarters, 81st Regional Readiness Command, Birmingham, AL, dated 3 June 2008, show the applicant was reassigned to USACAPOC on 2 July 2008 as a 1LT.

4.  Orders Number B-09-805692, U.S. Army Human Resources Command, St. Louis, MO, dated 9 September 2008, show the applicant was promoted to captain with a date of rank and an effective date of 19 August 2008.

5.  The applicant submitted an email from the Assistant S-1, Headquarters and Headquarters Company, USACAPOC dated 6 May 2009, Subject:  Details for your promotion to captain.   The email states that the applicant was assigned to the USACAPOC on 2 July 2008.  The email also states that the applicant was assigned to a captain’s position but due to errors within the computer system he was repeatedly "kicked" out of the position.  The applicant was finally "locked into" the captain position on 19 August 2008 and was able to be promoted.  Further, the email states that although the applicant’s information is still available the unit manning report (UMR) has been thrown away.

6.  In an advisory opinion, dated 11 June 2009, the Chief, Special Actions Branch, DA Promotions reiterated the applicant's request and stated that, on
3 June 2007, the applicant was reassigned in the Reserve Components to the 805th Military Police Company, Garner, NC.  The FY 2008 Captains (Army Promotion List) Selection Board that convened on 6 November 2007 considered and selected the applicant for promotion to captain.  The approval date of the board was 8 February 2008 and the release date was 26 February 2008.  The applicant's promotion was on hold initially (March 2008) due to him not being in the higher graded position at the time.  In August 2008, the promotion was still on hold due to the applicant being in a different assignment and not in a valid higher position.  On 19 August 2008, the database reflected that the applicant was placed in an O3/captain’s position and on 9 September 2008, promotion orders were issued with an effective date and date of rank of 19 August 2008.  The Chief, Special Actions Branch states that this is the earliest date the applicant can be given based on data input/documents provided by the 11th Special Forces Group (Airborne), USACAPOC USAR Center at Fort Bragg, NC.  The following documents are attached in support of their decision:


		a.  a copy of the applicant's current Assignment History dated 29 January 2008, showing he was to be assigned as the executive officer of the 81st Regional Readiness Command on 1 February 2008, in the authorized grade of 1LT;

		b.  the applicant's prior Assignment History showing he was assigned to the Regional Readiness Command, on 29 January 2008, in the rank of 1LT; and 

		c.  the applicant's current Assignment History showing he was assigned to USACAPOC on 2 July 2008.  He was assigned as the Civil Affairs Officer of USACAPOC, on 19 August 2008, in the authorized grade of captain.

7.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), chapter 4, paragraph 2(c), states that promotion lists are subject to additional administrative review and are not to be construed as promotion orders.  Accordingly, individuals should not assume that the structure of a list or the presence of a name on a list constitute a firm forecast for promotion.  Furthermore, paragraph 15(a) states that the effective date of promotion for commissioned officers may not precede the date the promotion board results were approved and the officer must already be assigned/attached to a position in the higher grade.

8.  Army Regulation 135-155 also specifies that troop program unit officers who are selected for promotion by a mandatory promotion board, but who are not assigned/attached to a higher graded position, will be promoted on the date of assignment/attachment to a higher graded position or the day after release from troop program unit status.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant was considered and selected for promotion to captain by the FY2008 Captains Reserve Components Promotion Selection Board that convened on 6 November 2007.  However, it appears his promotion was delayed because he had not met all of the requirements for promotion at the time, i.e., assignment/attachment to a captain’s position.  

2.  However, the evidence of record shows the applicant was assigned to a valid captain’s position on 2 July 2008 but due to computer problems he was “kicked” out of the position in the computer.  Therefore, notwithstanding the advisory opinion, the applicant is entitled to have his records corrected to show that he was promoted to the grade of captain with a date of rank and effective date of 
2 July 2008.
BOARD VOTE:

____X___  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was promoted to the rank of captain/pay grade O-3, effective and with a DOR of 2 July 2008.




      _______ _   _X_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090008882



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ABCMR Record of Proceedings (cont)                                         AR20090008882



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